Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff not in possession - Suit not maintainable as consequential relief of possession is not sought...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In previous suit for permanent injunction neither an issue was framed with regard to ownership of property nor question of ownership was necessary to be adjudicated upon for determining entitlement of plaintiff therein to seek injunction against interference in her possession or dispossession therefrom forcibly and..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendants from unauthorized construction over suit property - Construction over suit property already completed - Concerned authority is thus, directed to take action in a time bound manner with respect to any unauthorized construction over suit property - Directions..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Shop demolished after filing of suit - Shop whether demolished prior to filing of suit or demolished after filing of suit has to be determined and amendment cannot be declined on the assumption that shop stood demolished before filing of suit - Amendment allowed - Order..........
Co-sharers -- Permanent injunction - Partition not effected in between co-sharers - Suit of plaintiff is barred u/s 41 Specific Relief Act as alternate remedy for filing suit for partition is available to plaintiff. (Specific Relief Act, 1963, Ss.38, 41)...........
